Fladell v. Board of Education Union Free School District 14

Appellate Division of the Supreme Court of New York

Fladell v. Board of Education Union Free School District 14

300 A.D.2d 536, 752 N.Y.S.2d 562

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 2002

StatusPublished

This text of 300 A.D.2d 536 (Fladell v. Board of Education Union Free School District 14) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fladell v. Board of Education Union Free School District 14, 300 A.D.2d 536, 752 N.Y.S.2d 562 (N.Y. Ct. App. 2002).

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Opinion

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Joseph, J.), dated March 25, 2002, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that there are triable issues of fact (see CPLR 3212 [b]) as to whether the defendants breached a duty to provide adequate supervision, whether the playing field was negligently maintained, and whether such breach of duty or negligence was a proximate cause of the injuries sustained by the infant plaintiff (see Mirand v City of New York, 84 NY2d 44, 49-50).

The defendants’ remaining contentions are without merit. Santucci, J.P., Townes, Crane and Rivera, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Joseph, J.), dated March 25, 2002, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that there are triable issues of fact (see CPLR 3212 [b]) as to whether the defendants breached a duty to provide adequate supervision, whether the playing field was negligently maintained, and whether such breach of duty or negligence was a proximate cause of the injuries sustained by the infant plaintiff (see Mirand v City of New York, 84 NY2d 44, 49-50).

The defendants’ remaining contentions are without merit. Santucci, J.P., Townes, Crane and Rivera, JJ., concur.

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Bluebook (online)

300 A.D.2d 536, 752 N.Y.S.2d 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fladell-v-board-of-education-union-free-school-district-14-nyappdiv-2002.

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